BEFORE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD
C.C.No.19 OF 2012
Between:
Mr.Ch.Naga Tej S/o Ch.Ramesh
aged 27 years, Plot No.391, Padmini Nilaya
1st
Madhapur, Hyderabad being Director of
M/s Sree Kaleswari Travels Pvt Ltd.
1. BMW India Financial Services Pvt Ltd.,
Rep. by its Financial Manager, Mr.Ravi Dev
Branch Office: 6-3-569, Opp: RTA Office
Somajiguda, Hyderabad-018
2. BMW India Financial Services Pvt Ltd.,
Rep. by its Managing Director & CEO
Mr.Dan De Christopher having its branch
Office at DLF Cyber City, Phase-II, Building
No.10, Tower-C, 14th
Counsel for the Appellant
Counsel for the Respondent
QUORUM:
SRI THOTA ASHOK KUMAR, HON’BLE MEMBER
Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)
***
1. `5,00,000/- towards pending installments, a sum of`10,00.000/- towards compensation for suffering mental agony and`50,000/- towards costs.
2. `34,51,000/- for purchase of BMW car which was USAIndia India, the complainant paid the entire installments due and he informed the local branch of the opposite party that he would pay the installments after he returned toIndia.
3.
4. Delhi
5.
6.
7.
8.
9.
i) Whether the complaint is maintainable in view of the initiation of arbitration proceedings and purchase of the car by a company?
ii) Whether the opposite parties rendered deficient service by repossessing the vehicle?
iii) To what relief?
10. `34,50,000/- from the opposite parties and execution of agreement by Delhi.
11.
“Section 2(1)(d):
‘consumer’ means any person who,—
Explanation: for the purposes of this clause, “commercial purpose” does not include use
Section 2(1)(o):
‘service’ means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying a news or other information (but does not include the rendering of any service free of charge or under a contract of personal service).”
“The word ‘commercial’ according to the Oxford Dictionary means viewed as a matter of profit and loss. The word ‘purpose’ means ‘object which is in view or for which Municipal Board, Unnao
12.
13. vide,
14.
15.
“The State Consumer Forum has also no jurisdiction to grant the reliefs, it has actually granted in this case viz. quashing the bills prepared on the basis of tariff for 'continuous power' consumers and directing the Electricity Board to bill the Complainant — M/s. Anand Cane Crusher hereafter at the 'non-continuous process' consumer tariff rate. It has no authority to give such relief under Section 14 of the Consumer Protection Act.”
16. Birla Technologies Ltd. Versus Neutral Glass and Allied Industries Ltd. reported in CDJ 2010 SC-1177
“that
17. 18.
19.
కె.ఎం.కె*
APPENDIX OF EVIDENCE
For complainant
NIL
For complainant
1. Inventory sheet dated 11.02.2012,
2. Registration certificate,
3. Early termination dated 10.2.2012,
4. Passport of the complainant,
5. Statement of account of loan A/c No.CN00012232 and
6. Demand draft with cover letter dated 13.02.2012
For opposite parties
1. Power of attorney dated 1.6.11.2011,
2. Agreement dated 30.5.2011,
3. Statement of account dated 25.7.2012,
4. Legal notice dated 25.1.2012,
5. Orders of Additional District Judge, New Delhi dated 6.2.2012,
6. Notice for arbitration proceedings dated 7.3.2012,
7. Statement of claim dated 9.3.2012,
8. Notice for arbitration proceedings dated 30.3.2012.
MEMBER
MEMBER
